Loading...
HomeMy WebLinkAboutFebruary 25, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 25, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 25, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Dave Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Kelzenberg, Councilmember Diehm (arrived at 7:15 p.m.} PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGEl>1DA Mayor Peterson indicated the addition of Resolution 2008-41 License revocation of 4201 Quincy Street and the removal of Resolutions 2008-38, 2008-37, and 2008-35 as these properties have been brought into compliance. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Acknowledge Highland Elementary Awards Highland Elementary Principal Katherine Page and Teachers Meg Van Eperin and Hanni Baugh- Thomas were present. Principal Page spoke of the school's accomplishments and awards received from the MN Dept. of Education, MN Academic Association, and Title I School. She indicated her appreciation of the support given by the community. Peterson thanked them for their hard work and exceeding expectations. B. Presentation by DeVetter Design Group of architect's rendering of the additional gymnasium at the Columbia Heights High School site and consideration of a Joint Powers Agreement (JPA) with School District #13 regarding operation, maintenance, and programming of the Cit~g~ at the Columbia Hei htg s High School site. Walt Fehst, City Manager, indicated that the DeVetter Design Group has done a design for our gym space at the high school. We have attended at least ten meetings, half with the design group and the rest with the School District Manager of Finance Joe Primus and their Attorney Joe Langel. Fehst distributed the proposed Joint Powers Agreement (JPA) and stated that if the Council chooses not to act tonight, a special meeting could be scheduled for next Monday to make the decision. Fehst introduced Paul DeVetter, DeVetter Design Group. DeVetter stated that the City's involvement has added a wonderful dynamic to the school's proposed gym, allowing for a balanced site. He gave the history of the site development for the one gym. This additional gym will allow for a nice green space, two gymnasiums and a joint service area. DeVetter described the plan layout. The City's space would include a gymnasium, small workout equipment area and seating area. Both facilities can be locked separately from the other. The City's gym would be six to eight feet underground on the back side with a retaining wall for the purpose of exit space. DeVetter showed several views of the proposed buildings. Someone questioned if the glass area would have smoked glass. DeVetter indicated that we want the activity visible, yet not able to identify individual people. City Council Minutes Monday, February 25, 2008 Page 2 of 16 Fehst stated that the JPA needs to be approved by March 4 to move forward with the design. The square footage is 13,355 including gym space, locker room facilities, showers, two office spaces, 550 sq. ft. exercise room, and lobby reception area. DeVetter indicated that this approval time line would allow plans and construction documents to be drawn up, receive bids, and begin construction in July. Nawrocki indicated his pleasure that we are working with the School District on this rather than a $10 to $20 million facility. Nawrocki stated that he requested previously for the Activity Center Committee to look at this concept plan. Peterson stated that this had not yet taken place. Nawrocki questioned the number of hours we would use the facility daily and the operating costs. Fehst stated that the JPA commits the School District and City to work together on a square foot cost. The cost per square foot would be $.44 for the boiler and $.24 for electric, with the electric being metered. We would look to work with their cleaning and maintenance personnel, with the option to go on our own, if we choose. The over all cost is estimated at $3.98 per square foot. We may use our facility mare in the summer, but we need flexibility. Fehst stated that the Mayor is looking for the highest achievement in usage of the facility. Nawrocki stated it is a good idea to put money in escrow for future maintenance. Fehst estimated that we will spend about $52,000 a year to maintain the building, not including our manpower to run programs. Some indirect labor costs for weekend tournaments may come from entry fees. Fehst referred to the current school charge of time and one-half for weekend supervision, but this would be included in the overall cost. We may review maintenance costs after a year, but we are looking to share the cost as the greatest benefit to the community. Nawrocki. asked if our recreation department will need additional personnel. Fehst stated that we may have some current personnel at the gym or could have security cameras used when no one is there. Nawrocki stated that capital costs would. not be ongoing as we have the $4 million to draw on. It may be $100,000 a year to operate the facility. Nawrocki stated that the JPA concept is good, but questioned the referenced dozen parking spaces. Fehst suggested the attorneys come forward and review the JPA. Fehst referred to the correct information giving by the Recreation Director regarding the comment that our very limited program costs have increased aver the years. Jim Hoeft, City Attorney, referred to the JPA maintenance provision 5.2 and the new language indicating that the city shall maintain the city gym, possibility using school maintenance. ``His or her designee'' will be added to District Representative and City Manager. Hoeft stated that provision 4.5, regarding arbitration, shall be binding. Hoeft referred to 5.433 and the elimination of the city and school district paying each other for facility use. In 5.5, parking, the district shall designate the west parking lot and 12 parking spaces in the center parking lot for the city, with the city being responsible for signage. Fehst stated that we can also use their parking areas after hours. Fehst questioned if 5.3.4.2, cost for boiler checks, would be included in the total. Primus stated that the costs given to Fehst were `06-`07 costs. Fehst stated that 5.3.4.2 would be eliminated. There is no reason that both gyms should not be available for use. Nawrocki suggested Article 7 require council approval for additional costs. He questioned the door lock system. Peterson indicated that we would want the doors unlocked during use. Nawrocki questioned 9.2, the definition of reasonably interfering. Langel indicated that this would keep the school from getting out of this agreement. The district wants the city to stay and does not want to take care of the additional gym. Hoeft stated that if the school felt there was City Council Minutes Monday, February 25, 2008 Page 3 of 16 something unreasonable they would have to grieve it. Nau-~rocki questioned what v~/ould happen if the school closed. Peterson indicated that it is covered in 9.3. Diehm stated that unreasonably interference would be if we interfered with them using their own facility. Langel included things like gun shows or events with alcohol. Hoeft indicated that the amount needs to be filled in on 7.4 and under withdrawal and termination, 9.1, a School Board Member had a concern that the city not withdraw during construction. The withdrawal time period will be changed to read after construction is complete. Hoeft referred to 7.2, the teen "City" is defined and only the city has the right to act on behalf of the city corporation. Peterson stated that capital improvement funds are specific. Primus stated that school district funds are tied it to enrollment numbers, but they would not be opposed to a flat dollar amount. Fehst indicated the need for future roof and building repair costs. Peterson questioned using one percent of the total cost. Williams stated that one percent would be $35,000 and would be a lot. Peterson stated that $5,000 a year was discussed. Hoeft indicated that the JPA could be approved in principal and finalized at a special meeting. Peterson stated that Councilmember Nawrocki would be out of town next Monday, but asked that his input be given. Fehst reiterated that they would be allowed to maintain the building and bill us for the cost. Fehst indicated that a separate gas meter was discussed, but may not be necessary. Diehm stated that we could add a meter in the future, if we pay for the retro fit. Hoeft stated that it would have to be metered now or would it would affect the design. If we put the proper items in now to meter it later it would have to go into this agreement, or if the designers say it would have to have a meter it would have to be decided now. DeVetter stated that he could find this out. Peterson stated that it would be cheaper to put the meter in now, even if you do not use it, than to do it later. Nawrocki indicated that he would be satisfied without it, as it appears that the school monitors their operating costs and our interests are reasonably protected. Fehst stated that the District has won awards for keeping their operating costs down in the schools. Nawrocki stated that we have tried to anticipate everything in this JPA. Some things may come up later that were not thought of, but this is a reasonable agreement. Having our own exercise space is duplication. Peterson stated that we would be allowed to utilize their exercise room. Primus stated that it is used during school, after school, and in the summer. Fehst asked if their weight room would be air conditioned. Primus indicated that it would be. Hoeft stated that an understanding has been reached and will be considered for approval next Monday, with the capital improvement amount filled in. Diehm stated that staff and members of this body have spent a lot of time on this and she expressed her appreciation to those involved. Nawrocki stated that he will phone in his comments on the JPA. Peterson stated that it has been a pleasure to work with the School District representatives, the School Board, and their architect. This will be a great addition to our community and be a good partnership. Peterson requested to move ahead on the architect's plans. Motion by Williams, second by Kelzenberg, to direct staff to work with the School District's designer and the School District for detailed plans of a gymnasium of 13,355 square feet. City Council Minutes Monday, February 25, 2008 Page 4 of l 6 Nacvrocki questioned if the school will take competitive bids for the project will we be billed as it progresses. Fehst stated yes. They have retained the services of an owner's rep, Bill Fisher, to work with the construction manager Kraus/Anderson to build the facility. Upon vote: All ayes. Motion carried. C. Presentation by Buetow and Associates -proposed Public Safety Facility Fehst stated that David Engel and Randy Olds of Buetow and Associates worked with our Police and Fire Departments for a facility site plan. Buetow was asked to look at further options for the NEI site. Fehst distributed a conceptual plan for the five acre site bounded by 41St and 42"d Avenue. About 3.5 acres are shown for the building, with a one story 38,700 square foot facility. Fehst indicated there are five double pass through stalls and described the public and secure parking. There is also the potential for another facility on the site such as a library/city hall complex. The proposed public safety facility was described and would be developed to last at least 50 years. Engel requested that their firm be hired to design the building. They showed examples of similar facilities they have designed. There were concerns about the grade of the site, which would require bringing in fill. One of the key concerns would be facility security. Olds listed various items that could be incorporated to make this a "green" building. Staff would be included in the design phase. Nawrocki questioned the size of the current library. Olds indicated it is 12,000 square feet. The described building would include the library and city hall, with the library expanding to 20,000 square feet. Nawrocki questioned the entrance direction into the facility, turning radius allocation, and parking stall size. Olds stated it would have north and south access with a 100 foot turning radius and parking stalls 9 by 18 by 24 feet. Nawrocki questioned if the alley at Quincy would remain. Olds stated that had not been addressed. This is only a concept plan that would have to be agreed upon by the council. Fehst indicated that staff's comfort level with Buetow & Associates is very good; however they have submitted a fee that may be high. We would not be sure unless we took proposals. In the first $7.5 million of the contract they have a 8.5 percent fee and above that 8 percent of contract costs of about $10.5 million. The public works garage fee a few years ago was 7.6 percent. Fehst stated that he has check jobs they have completed with owner reps and construction managers. The School District is using both a construction manager and owner rep. He suggested that we use one of the two to have someone there on a day to day basis. This is borne from the experience building our liquor stores where items were missed on a daily basis, with the architect only being there once a week. Our Liquor Store Manager and Finance Director have spent a lot of time at the stores during the construction. We would like to negotiate the architect's price and interview five or six owner reps with the Mayor, Councilmember Nawrocki, and the Finance Director to see who would be the best to oversee our project. Nawrocki had asked where there is a facility comparable in size to look at. This facility feels a little bit big. He stated his strong belief that by going out for bids architects will sharpen their pencils. Nawrocki indicated that if a construction management firm wants three percent our fees would be over ten percent. Fehst stated that the construction management firnls have estimated a five percent fee. Olds indicated that the owner is the general contractor and the construction manager is the consultant to the owner. Fehst stated that either type of manager would bring you in under budget. He stated that he would be satisfied with an owner rep. Nawrocki stated his respect for Krause Anderson and that he would like more infoi-tnation on haw they would act as City Council Minutes Monday, February 25, 2008 Page 5 of 16 construction manager. Bill Roddy, Acting Police Chief, indicated endorsement for the proposed site use. Fehst apologized to Gail Olsen of the Northeaster newspaper, as he was to get back to her with the reduced tax capacity at the closing of three tax increment districts. Of the $10 million this building would cost, about $5 million of tax capacity will be added back to the property tax roles so the median household increase would be less than $50 a year. Nawrocki indicated that residents were told when the districts were closed the funds would be added back to the budget and now they will not see that. Peterson stated that if our community was brought up to a standard that our citizens were proud of, it would go back; but if we can reinvest the funds without increasing the tax to protect our citizens we should reinvest in the community. The Police and Fire Departments have come up with a plan for the next 40 to 50 years, big enough for future use. Construction prices will not be cheaper next year. Peterson suggested staff pursue negotiations with Buetow and Associates on their final percentage proposal and talk with construction reps. He stated his belief that we can negotiate a lower price, but to remember that the cheapest is not always the best. We want a quality architect. Fehst stated that our former Fire Chief, Charlie Thompson, worked with Buetow and Associates for the new Champlin Fire Department building. CONSENT AGENDA City Manager Walt Fehst took Council members through the consent agenda items. A. Approve minutes of the February 11, 2008 Columbia Heights City Council meeting, Nawrocki indicated that the minutes should be signed as Council Secretary, per our City Charter. Motion to approve the minutes of the February 11, 2008 Columbia Heights City Council meeting. B. Accept meeting minutes of the Columbia Heights Library Motion to accept the minutes of the January 8, 2008 Library Board meeting. C. Approve Ramp Lease Estoppel Certificate and Consent Fehst indicated that the office building on the corner of 40th and Central Avenue is in the process of being sold and the new owners have agreed to all previous agreements regarding the parking deck. Nawrocki indicated that this states we will receive a new agreement. Fehst stated that we have not received that yet. This is the present agreement, which indicates the responsibilities they would have. Nawrocki. referred to Exhibit A indicating that the assignment document cannot be located. Fehst stated that is a 1982 document. Hoeft stated that everyone has to live by the agreement and the reason both parties are signing it is because we can not locate the original signed document. This gives us the same rights as the original agreement. Motion to approve the Ramp Lease Estoppel Certificate and Consent; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. D. Adopt Resolution 2008-34 acceptingthe donation of $150,000 fiom the Estate of Edith P. Wargo for Wargo Court Park. City Council Minutes Monday, February 25, 2008 Page 6 of 16 Fehst stated that the parties were not interested in attending this meeting far recognition of the $150,000 donation. The estate has already given $75,000 to our police and fire services. We have agreed to continue the upkeep of Wargo Park, keeping it neat and clean, put up Christmas decorations, and let them know prior to any major improvements. Hoeft stated that these conditions are taken right from the Last Will and Testament. Nawrocki suggested changing the shrubbery in front of the sign, as it obliterates the sign. Kevin Hansen, Public Works Director, stated he met with the heirs and this was discussed. Motion to waive the reading of Resolution 2008-34, there being ample copies available to the public. Motion to adopt Resolution 2008-34 being a resolution to accept the donation of $ l 50,000 from the Estate of Edith. P. Wargo, with conditions as listed for park and maintenance and improvements for Wargo Court Park. RESOLUTION NO. 2008-34 ACCEPT CERTAIN GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Of Columbia Heights has received. the following gifts; Form Date Donor Amount Purpose Pledge 02/11/08 Estate of Edith P. Wargo $150,000 Park Maintenance/Improvements Wargo Court Park Contributed Projects -Parks $150,000 Whereas the following conditions are made a condition of the Wargo Estate Donation: 1. The funds donated from the Wargo Estate will be specific to Wargo Court and segregated in City of Columbia Heights accounts; and 2. Representatives of the Wargo Estate, Linda Workman. and Robert Guzy, will each be contacted both in advance of any improvements not considered maintenance and following the completion thereof; and 3. The term of the donation. shall. be 25 years; and 4. Funds will be used in two categories: Annual Maintenance and Capital Improvements; and 5. If, during the 25-year time period, the City changes the use of the land currently designated as Wargo Court Park, any remaining funds would be used to maintain. another City park in Columbia Heights; and 6. The City agrees to decorate Wargo Court Park with lights during the Christmas season for the term of this donation. BE IT HEREBY RESOLVED by the City Council. of the City Of Columbia Heights that the City of Columbia Heights accepts this gift subject to the above referenced donor-prescribed conditions. E. Adopt Resolution 2008-40 accebtin~ the feasibility report for University Service drive street reconstruction and ordering the public improvement hearing, City Proiect No. 0602. Fehst indicated that a meeting will be set with the residents regarding improvements, which will include a bike path/walkway. The project has very strict requirements. Nawrocki indicated his amazement that MnDOT found the improvement funds for this stretch of roadway. Hansen stated the public meetings are a requirement for funding. The County reports this is a high incident area. Motion to waive the reading of Resolution 2008-40, there being ample copies available for the public. Motion to adopt Resolution. No. 2008-40, which accepts the Feasibility Report for University Service Drive Street Reconstruction, City Project No. 0602, and calling for the Public Improvement Hearing beginning at 8:00 p.m. on April 7, 2008. City Council Minutes Monday, February 25, 2008 Page 7 of 16 RESOLUTION NO. 2008-44 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR UNIVERSITY AVENUE SERVICE DRIVE STREET RECONSTRUCTION AND ORDERING THE PUBLIC IMPROVEMENT HEARING WHEREAS, the City Council has adapted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-26, a report has been prepared by the City Engineer with reference to University Avenue Street Reconstruction, and WHEREAS, the City has secured Mn/DOT Cooperative Agreement funds for a portion of the reconstruction costs, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on February 25, 2008. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $915,500 2. A public hearing shall be held on such proposed improvement on the 7`" day of April, 2008, in the City Council Chamber at 590 40`" Avenue N.E. at 8:00 P.M. and the City Clerk shall give mailed and. published notice of such hearing and improvement as required by law. F. Adopt Resolution 2008-41 accepting the Feasibility Report for Zone 1B 2 and 3A Street Seal Coating and ordering the Public Improvement Hearing, Cit~Project No. 0801. Motion to waive the reading of Resolution No. 2008-41, there being ample copies available to the public. Motion to adopt Resolution No. 2008-41, being a Resolution accepting the Feasibility Report for Zone 1B, 2 and 3A, City Project 0801, aid calling for the Public Improvement Hearing beginning at 7:30 p.m. on Apri17, 2008. RESOLUTION NO. 2008-41 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE IB, 2 AND 3A STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0801 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2008-18, a report has been prepared by the Director of Public Works with reference to the Zone 1B, 2 and 3A Street Seal Coating Program, and. WHEREAS, Zone 1 B is bounded by Taylor Street to Johnson Street, 45`i' Avenue to 47`" Avenue; Zone 2 is bounded by Reservoir Boulevard to Stinson Boulevard, 37`" Avenue to 45`" Avenue, and Zone 3A is bounded by Central Avenue to Stinson Boulevard, 47`" Avenue, Johnson Street, 45`" Avenue to 49`" Avenue, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on February 25, 2008. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will. consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $237,100. 2. A public hearing shall be held on such proposed improvement on the 7`" day of April, 2008, in the City Council Chamber at 590 40`" Avenue N.E. at 7:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. G. Approval of the attached list of rental housing license applications in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for February 25, 2008. City Council Minutes Monday, February 25, 2408 Page 8 of 16 H. Approve the Business License Applications Motion to approve the items as listed on the business license agenda for February 25, 2008 as presented. I. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124774 through Check Number 124918 in the amount of $580,608.19. Motion by Williams, second by Diehm, to approve the Consent Agenda items. Upon vote: A11 ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations 1. Capital Equipment Replacement of the El ig'n Eagle Street Sweeper from the State of Minnesota Purchasing Contract Hansen stated this replaces a 1993 piece of equipment. We recommend a regenerative air type sweeper and the trade-in of our current sweeper for $10,000 to $15,000. The second motion is for major repairs to the second sweeper to keep it in service for another five years. Nawrocki questioned why the cost went from $150,000 to $175,000. Hansen stated that the lower price was for the base unit. Nawrocki indicated that this was to be cheaper than the original type unit. Hansen stated that the difference is about $7,000 in the base prices. The hopper will be epoxy coated, will have a different type of broom, and a washout feature. Motion by Kelzenberg, second by Williams, to purchase, off the State of Minnesota Purchasing Contract, the Capital Equipment replacement of the Elgin Eagle Street Sweeper from MacQueen Equipment, Inc. of St. Paul, Minnesota, in the amount of $174,359.671ess atrade-in allowance of $13,500, for a total contract price of $160,859.67, with equal funding provided by the Street and Storm Sewer Capital Equipment Replacement Funds. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to authorize the equipment repair to Unit #44, an Elgin Pelican mechanical street sweeper in the amount of $16,880 by MacQueen Equipment of St. Paul, Minnesota. Upon vote: All ayes. Motion carried. 2. Approve Capital Equipment replacement of Unit #70 Ford LT9000 tandem axle dump truck and attachments from the State of MN purchasing contract. Hansen stated that this truck is a replacement and is to downsize from a double axel to a single axel truck. There are two different vendors for the chassis and the front plow and wing. Nawrocki stated that the estimate for t11is at the last meeting was $145,000 and this is $127,000. Why is it cheaper? Hansen stated that at the time of the work session we had not gone through the entire state contract. Motion by Williams, second by Kelzenberg, to purchase from the State of Minnesota Purchasing Contract the Capital Equipment Replacement of Unit #70 Ford LT9000 tandem axle dump truck chassis to Astleford International of Mim~eapolis in the amount of $65,722.00, less atrade-in of $20,500 and purchase the dump box, front plow, belly plow and wing to J-Craft of Lake Crystal, City Council Minutes Monday, February 25, 2008 Page 9 of 16 Minnesota, in the amount of $83,505.59 for a total price of $127,727.59. Upon vote: All ayes. Motion carried. C. Other Business -none PUBLIC HEARINGS A. Adopt Resolution 2008-O1 Cable bro~rammin~ service rates and Resolution No. 2008-02 Cable equipment and installation rates. Fehst indicated this includes a number of motions by Linda Magee, who is unavailable, but Steve Guzzetta, the Cable Attorney for the Cable Commission, and Kathi Donnelly-Cohen of Comcast are present. Guzzetta stated that every year Comcast files forms 1240 for basic programming and 1205 for equipment and installation. In the past the city has opted to do detailed reviews, or review and reserve rights, or their option, or do nothing. We are required to hold a public hearing. In these orders we are not approving or denying, but reserving the right to Look at this in the future. This is important in regard to form 1240 as the maximum rate carries over to the next starting rate. It would allow us to correct future forms. The Telecommunication Commission reviewed this and recommended approval. Williams asked Guzzetta if the cable company has "a license to steal from our citizens". Guzzetta stated no. Your franchise does not give them a license to steal. Nawrocki stated this is for basic service and is a small part of the fees. He indicated that William's reference was to his terminology for what the federal government took away from us. Nawrocki gave the history of the cable rates and a comparison to current rates. Nawrocki questioned what rates are being approved. Guzzetta indicated that we are neither approving nor denying rates, but this is the cap they are limited to. Motion by Williams, second by Diehm, to close the public hearing and waive the reading of Resolution 2008-O1, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2008-01, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2007. Upon vote: Ail ayes. Motion carried. Motion by Williams, second by Diehm, to close the public hearing and waive the reading of Resolution 2008-02, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2008-02, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commmission Forn1 1205 filed by Comcast on or about March 1, 2007. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2008-01 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1.240 FILED BY COMCAST ON OR ABOUT MARCH 1, 2007 City Council Minutes Monday, February 25, 2008 Page 10 of 16 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1.984, 47 U.S.C. ~ 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified. as a rate regulation authority pursuant to rules of the Federal Communications Commission {hereinafter "FCC"}; and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"}, the local franchise holder, filed with the City an FCC Form. 1.240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2007, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2007 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2007 FCC Form 1240; and. WHEREAS, the rate set forth herein will govern Comcast's basic service rate until. Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2007 FCC Fonn 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period.; and {ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum pernitted rate set forth in the 2007 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted. under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum pernitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2007 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as con-ect any specific entry, explanation, calculation or rate in the 2007 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2007 FCC Forn 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii} the right to address issues raised in the 2007 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information. concerning the 2007 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a}. 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been. issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). RESOLUTION NO. 2008-02 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH 1N THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2007 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"}; and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, `Equipment Form"' (hereinafter the "2007 FCC Form 1.205"), on or about March 1, 2007, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and. installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2007 FCC Forn 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: City Council Minutes Monday, February 25, 2008 Page 11 of 16 1. Comcast's maximum permitted rates and. charges for equipment and installation, as calculated in the 2007 FCC Fonn 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2007 FCC Form 1205 nor increase those rates, unless such rates are first filed with anal. approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted. under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and. local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2007 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation. or rate in the 2007 FCC Fonn 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to}: (i) the right to request and review data, and documents concerning the 2007 FCC Fonn 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii} the right to address issues raised in the 2007 FCC Fonn 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional. information concerning the 2007 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. ~ 76.936(a}. 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued anal is available for review, pursuant to 47 C.F.R. § 76.936(b). B. 1st Reading: Ordinance 1537, Zoning Amendment to create the Public and Open Space District Jeff Sargent, City Planner, indicated that the first reading of this ordinance was rescheduled to include land on the east side of Hart Lake and exclude the two properties discussed at Edgemoor Park. Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Ordinance No. 1537, there being ample copies available to the public. Upon vote: A11 ayes. Motion carried. Motion by Williams, second by Kelzenberg, to set the second reading of Ordinance No. 1537, for Monday, March 10, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. C. First reading of Ordinance No. 1538, Surface Drainage connection and dischar e inspection incentive. Hansen stated that under our current code for sump pump disconnect it lists a $500 contribution. This removes the fee from the ordinance and has it set by resolution. It also removes the sunset date. The Council passed a resolution in 2006 to carry this contribution through 2008. Nawrocki indicated his understanding that this program was complete. Hansen stated that we have completed inspections east of Central Avenue and are now in sanitary collection district #2 where we had our surcharges. Hansen reviewed his suggestion that in 2008 and 2009 we concentrate in this area. He stated that in 2009 the City Council may wish to consider continuing this program in the rest of the city. Williams questioned where we would be if this program had not been put in place. Hansen indicated that we had two areas with a surcharge and one without. We are still peaking in 2007 and will see where we are in 2008. Without this program, our system would have more backups. City Council Minutes Monday, February 25, 2008 Page 12 of 16 Fehst stated that we have been reimbursed $170,000 to control infiltration problems. Williams indicated that we also have insurance now. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Ordinance No. 1538, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to establish the second reading of Ordinance No. 1538, for Monday, March 10, 2008 at approximately 7:00 p.m. in the City Council Chambers regarding Surface Drainage connection and discharge inspection incentive. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2008-35 4154-4156 2nd Street N.E. and Resolution 2008-36, 5056 Washington Street N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Residential Maintenance Codes. Resolution 2008-~2 added and 2008-35 ren2oved. Fire Chief Gary Gorman stated that 5056 Washington is brought forward for rental license revocation for failure to submit an application and schedule an inspection. Gorman stated that 4201 Quincy is to be revoked for failure to submit an application and schedule an inspection. The property is being purchased on a contract for deed, but it has not been filed in the County. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-42, 2008-36 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, adopt Resolution Numbers 2008-42, 2008-36 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. RESOLUTION 2008-36 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Nichole Theis (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 5056 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 3 ] , 2008 of an public hearing to be held on February 25, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on January 15, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on January 31, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said. records of the Enforcement Office, the following conditions and violations of the City's City Council Minutes Monday, February 25, 2008 Page 13 of 16 Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.343(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U5056 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-42 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Tomas Robles (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4201. Quincy Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed. Council action contained herein was given to the License Holder on January 31, 2008 of an public hearing to be held on February 25, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council. of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on January 16, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on January 31, 2008 inspection office staff reviewed the property file and noted that the property remained. unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA306 and SA.303(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4201 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder, 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. E. Adont Resolution 2008-37, 1635 49th Avenue Blvd. N.E., Resoluton_2008-38, 3938 2nd Street N.E.. and Resolution 2008-39, 4707 Central Avenue N.E. being a declaration_of nuisance and abatement of violations within the City of Columbia Heights. Resolutions 2009-38 and 2008-39 removed. Gorman stated 4707 Central is an immediate abatement for snow removal. Nawrocki indicated several other addresses where the snow was not removed and asked that they be inspected. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution. Number 2008-39 there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, February 25, 2008 Page 14 of 16 Motion by Williams, second by Kelzenberg, to adopt Resolution, 2008-39 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8206. Upon vote: All ayes. Motion carried. RESOLUTION 2008-39 Resolution of the City Council for the City of Columbia Heights declaring the properly a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Grand Central Commons (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real properly located at 4707 Central Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed. council action contained herein was sent via regular mail to the owner of record on February 6, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on January 17, 2008 the Police Department received a complaint about the public sidewalks surrounding the vacant lot located at 4707 Central Avenue N.E. Community Service Officer Pikala responded and found that the sidewalks were not cleared of snow and. ice. The property owner, Khoyratty Ehteshamul was notified that he had twenty-four hours to clear all snow and ice from the sidewalks. 2. That on January 22, 2008 the Police Department CSO reinspected and found that the snow and ice remained. Abatement was scheduled with the Public Works Department for January 23, 2008. 3. That on January 23, 2008 the Public Works Deparhnent performed the immediate abatement of snow and ice on the sidewalks surrounding the property located. at 4707 Central Avenue N.E. All. sidewalks were cleared and costs for abatement were forwarded to the Fire Department for billing the owner. 4. That on February 6, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 4707 Central Avenue N.E. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4707 Central Avenue N.E.is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed. above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been. exercised and completed. ORDER OF COUNCIL 1. The property located at 4707 Centt~al Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ADMINISTRATIVE REPORTS Report of the City Manager • Most of our current time is spent working with the School District and the public safety facility architects. We hope to reach an agreement with Buetow and Associates. We may need to go out for bids, and will have a recommendation in a couple weeks. Williams indicated that Council has received numerous contacts regarding possible improvement assessments on state aid roads. Fehst stated that State Aid funds are received, but are traditionally City Council Minutes Monday, February 25, 2008 Page 15 of 16 used for capital outlay and maintaining streets. After this you can use the money as you choose. Anyone that lives in the city drives all of the streets. We did not find one other city that did not assess for state aid street improvements even though there are additional problems on these streets. Williams asked why the State al ows this. Hansen indicated that each city selects what roads are state aid roads, with IVINDOT approval. We are allowed to have up to 20 percent of our streets set aside as state aid roads. The idea of assessing on state aid streets has been around for a while. Fehst stated that this was suggested because some of our state aid streets need major improvements. This is a cost sharing and would be fair. We would not ask for the full cost, just what others are paying. We still have more work to do on this. Hansen stated that we are certified and do not have to use these funds on only the state aid system. Other cities assess for eligible costs for state aid roads. Williams stated that residents indicate their inconvenience as they have more traffic and can not park on their streets. Williams asked that Hansen draft a response to residents indicating these reasons. Fehst stated that this has not been fully addressed. Hansen stated that we will need to do improvements on our state aid streets. Diehm asked if these roads have been improved when we did the rest of our streets. Hansen stated they were not. Nawrocki referred to fairness, indicating that residents did not want their street designated as a state aid street, with the loss of boulevard space and no parking. Nawrocki questioned if property owners along Central Avenue were assessed for improvements. Hansen stated that the total cost was $5 million, and assessments were $1.5 million for sidewalks and streetscapes. Nawrocki question how many cities were polled. Hansen stated ten. Fehst questioned what percentage of our roads are state aid roads. Hansen indicated 20 percent. Fehst stated that means 80 percent of residents pay street assessments and 20 percent do not. Nawrocki expressed his displeasure with the idea to assess residents for street work that live on state aid streets. Nawrocki • Cable -you either use Comcast or you don't get cable. • Newsletter -indicated we made $300 -$500,000 at the liquor stores -thought that was going to be changed as he requested. Fehst stated that Councilmember Nawrocki had an incomplete understanding of the report. • Requested previously that Council members interview the police chief candidates. Fehst stated that this appointment is for the Mayor to make. • Requested information on consultant costs -received some information. Requested amounts of add-ons and contracts less than $15,000. Fehst suggested he speak to the Finance Director. • Questioned what the County grant funds would be used for and what other tax dollars have been used. Fehst stated that we are working on the goals set by the City Council. Peterson stated that the grant application was clearly described to us to underwrite a TIF development. Nawrocki questioned how much to underwrite. Fehst stated that is why we have financial consultants. • Public Safety building -the architect fees are under Council budget. They should be under the police and fire budgets. • Still waiting for information of the competitive bids for lap top computers. Peterson stated that the answers to Council questions indicated the response would be coming. • Received an email from citizens about stop signs that were removed on 47`'' Avenue that have not been replaced. Fehst stated that they will be replaced. • On the cable listing of EDA members, the City Manager and Community Development City Council Minutes Monday, February 25, 2008 Page 7 6 of 16 Director should be listed as staff. Peterson stated that he is also not the liaison for P&Z nor the chair of the EDA. Report of the City Attorney -nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce Street, stated that she is glad to see the city going ahead with the gyms with the schools. This is a good compromise and a good move. She stated that she is also glad that the city is moving forward with a Public Safety Facility, but wishes it would be placed at 47`" and Central Avenue. COUNCIL CORNER Peterson suggested dispensing with Council Corner, due to the lateness of the hour. Motion by Williams, second by Kelzenberg, to dispense with Council Corner. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Peterson asked everyone not to forget our service men and women. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:23 p.m. Patricia Muscovitz CMC City C1erk/Council Secretary